Parts of Article 116 struck downFull control of judiciary restored to Supreme Court

The High Court has declared parts of Article 116 of the Constitution regarding control over the judiciary as illegal and void.

It has also directed the formation of a separate secretariat within three months.

A High Court bench comprising Justice Ahmed Sohel and Justice Debashish Roy Chowdhury delivered the verdict on Tuesday uphelding the rule earlier issued in this regard.

Following the ruling, lawyers said that the authority over the transfer and promotion of judges of subordinate courts has now been restored to the Supreme Court.

They further noted that the judgment has removed all barriers to the establishment of a separate secretariat for the Supreme Court.

Besides, the disciplinary rules created for the judges in 2017 have been declared contradictory to the constitution. As a result, the Supreme Court will no longer need to seek the President's approval for the transfer and disciplinary measures of judges.

Advocate Mohammad Shishir Manir stood for the petitioner while Attorney General Md Asaduzzaman represented the state.

Senior lawyer Sharif Bhuiyan was also present during the hearing as amicus curiae.

Speaking to reporters, Shishir Manir said the order has fully restored the Supreme Court’s control over judges, including their postings, promotions and leave approvals.

From now on, the Ministry of Law will have no control over the transfer and discipline of judges in the name of the appropriate authority. They will be able to deliver judgments without fear, he said.

After delivering a verdict, judges will no longer have to fear being transferred in the dead of night due to the wrath of the executive authority and the order is a historic order.

Earlier on August 25, last year, seven lawyers of the Supreme Court filed a writ petition seeking to transfer the authority of controlling magistrates of subordinate courts (posting, promotion, and leave approval) from the President to the Supreme Court.

They are Advocate Mohammad Saddam Hossain, Zahirul Islam, Mustafizur Rahman, Abdullah Sadique, Md Mizanul Haque, Aminul Islam Shakil and Zayed Bin Amzad.

According to the petition, the 1972 Constitution originally vested the control of magistrates in subordinate courts with the Supreme Court. The1974 4th Amendment shifted this authority to the President.